JUDGE FAJLLA

JS 44C/SDNY REV. 7/2012

14 CV
CIVIL COVER SHEET
DEFENDANTS SPIN MEDIA LLC SPINMEDIA CORPORATION noFS -urn

762
FEB 0 6 2014

The JS-44 civilcover sheet and the informationcontained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.
PLAINTIFFS LICKERISH LTD.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
8RESSLER LAW PLLC

ATTORNEYS (IF KNOWN)

3 WEST 35th ST., 9th FL, NEW YORK, NY 10001

TEL: (917) 969-4343

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OFCAUSE)
(DO NOT CITE JURISDICTIONALSTATUTES UNLESS DIVERSITY)

copyright infringement, and false copyright management information, in violation of U.S. Copyright Act, 17 USC Sees. 101 et seq.
Has this or a similar case

been previously filed inSDNY at anytime? No

[X

Yes

Judge Previously Assigned
& Case No.

If yes, was this case Vol. n

Invol. | | Dismissed No \~\ Yes | | Ifyes, give date
No

IS THIS AN INTERNATIONAL ARBITRATION CASE?

IE

Yes D
NATURE OF SUIT
ACTIONS UNDER STATUTES

(PLACEAN [x] IN ONE BOX ONLY)
TORTS

CONTRACT

PERSONAL INJURY INSURANCE MARINE MILLER ACT NEGOTIABLE

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[J110 []120 11130 [J 140 []150

[ ] 310 AIRPLANE [ ] 315 AIRPLANE PRODUCT
LIABILITY

[ ) 362 ( ] 365 ( 1 368

PERSONAL INJURY MED MALPRACTICE

( ]610 [ I 620 ( I 625

PERSONAL INJURY
PRODUCT LIABILITY

[ I 320 ASSAULT. LIBEL &
SLANDER

INSTRUMENT
RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT MEDICARE ACT RECOVERY OF

ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY

| 1330 FEDERAL
EMPLOYERS' LIABILITY

AGRICULTURE OTHER FOOD & DRUG DRUG RELATED SEIZURE OF PROPERTY 21 USC 881 LIQUOR LAWS RR & TRUCK

[ ] 422 APPEAL
28 USC 158

[ ]400 [ [ [ [ [

STATE

REAPPORTIONMENT

[ I 423 WITHDRAWAL
28 USC 157

PROPERTY RIGHTS

J410 ANTITRUST 1430 BANKS & BANKING 1450 COMMERCE )460 DEPORTATION J 470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT

I] 151 []152

[ ] 340 MARINE [ ) 345 MARINE PRODUCT
LIABILITY

PERSONAL PROPERTY

DEFAULTED
STUDENT LOANS

[ 1350 MOTOR VEHICLE ( 1355 MOTOR VEHICLE
PRODUCT LIABILITY

[ ] 370 OTHER FRAUD [ ] 371 TRUTH IN LENDING [ ] 380 OTHER PERSONAL
PROPERTY DAMAGE

[ [ [ [

J 630 J 640 I 650 ]660

AIRLINE REGS
OCCUPATIONAL SAFETY/HEALTH
OTHER

H820 COPYRIGHTS [ J 830 PATENT ( I 840 TRADEMARK

(RICO)

[ ]690

(EXCL VETERANS) 11153
RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS STOCKHOLDERS
SUITS

SOCIAL SECURITY
LABOR

[ [ [ [

1480 ]490 1810 1850

CONSUMER CREDIT
CABLE/SATELLITE TV

[ ) 360 OTHER PERSONAL
INJURY

[ 1 385

PROPERTY DAMAGE
PRODUCT LIABILITY

SELECTIVE SERVICE SECURITIES/ COMMODITIES/
EXCHANGE

[ 1710
[ I 720
PRISONER PETITIONS

11160 11190 [1195

FAIR LABOR STANDARDS ACT LABOR/MGMT RELATIONS LABOR/MGMT REPORTING &

[ ) 861 HIA (1395ff) [ I 862 BLACK LUNG (923) [ I 863 DIWC/DIWW (405(g))
[ I 864 SSID TITLE XVI [ I 865 RSI (405(g))

I 1875 CUSTOMER
CHALLENGE

12 USC 3410

[ ]890 OTHER STATUTORY
ACTIONS

OTHER CONTRACT CONTRACT

[ I 730 [ 1510
ACTIONS UNDER STATUTES CIVIL RIGHTS

(1891 AGRICULTURAL ACTS
FEDERAL TAX SUITS

MOTIONS TO
VACATE SENTENCE
20 USC 2255

j J892

ECONOMIC

PRODUCT

1)196

LIABILITY FRANCHISE

REAL PROPERTY

[ ]441 VOTING 1 ] 442 EMPLOYMENT [ ] 443 HOUSING/
ACCOMMODATIONS

( 1 530 [ 1535 [ ] 540

HABEAS CORPUS DEATH PENALTY MANDAMUS & OTHER [ 1791

[ I 740 [ I 790

DISCLOSURE ACT RAILWAY LABOR ACT
OTHER LABOR LITIGATION EMPL RET INC

[ ] 870 TAXES (U.S. Plaintiff or Defendant)
[ I 871 IRS-THIRD PARTY
26 USC 7609

STABILIZATION ACT [ 1893 ENVIRONMENTAL

[ ]894

MATTERS ENERGY

ALLOCATION ACT

SECURITY ACT IMMIGRATION
PRISONER CIVIL RIGHTS

[ )895 FREEDOM OF
INFORMATION ACT

[ 1900 APPEAL OF FEE
DETERMINATION

11210 I 1220 ( )230 11240 (1245 11290

LAND

CONDEMNATION FORECLOSURE

[ J 444 WELFARE [ ] 445 AMERICANS WITH
DISABILITIES EMPLOYMENT

[ 1462
[ 1 550 [ 1555 CIVIL RIGHTS PRISON CONDITION [ I 463 [ 1465

RENT LEASE & EJECTMENT
TORTS TO LAND

1 1446 AMERICANS WITH
DISABILITIES -OTHER

NATURALIZATION APPLICATION HABEAS CORPUSALIEN DETAINEE

UNDER EQUAL
ACCESS TO JUSTICE

[ )950 CONSTITUTIONALITY
OF STATE STATUTES

OTHER IMMIGRATION
ACTIONS

TORT PRODUCT
LIABILITY

[ 1440 OTHER CIVIL RIGHTS (Non-Prisoner)

ALL OTHER
REAL PROPERTY

Check if demanded in complaint:
CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.? IF SO, STATE:
JUDGE

DEMAND $150,000+

OTHER

DOCKET NUMBER

Check YES only if demanded in complaint

JURY DEMAND: • YES E NO

NOTE: Please submit at the time of filing an explanation of whycases are deemed related.

(PLACEAN x IN ONE BOX ONLY)

ORIGIN

0 1 Original
Proceeding

LI 2 Removed from
State Court

I I 3 Remanded I I4 Reinstated or
from

|_J 5 Transferred from f-J 6 Multidistrict
(Specify District)

n 7 Appeal to District
Judge from Magistrate Judge Judgment

Reopened

Litigation

| ] 3. all parties represented
I I b. At least one
party is pro se.

Appellate
Court

(PLACEAN x IN ONE BOX ONLY)

BASIS OF JURISDICTION

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

1 U.S. PLAINTIFF

• 2 U.S. DEFENDANT

I3 FEDERAL QUESTION
(U.S. NOT A PARTY)

D4 DIVERSITY

(28 USC 1332, 1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF DEF

PTF DEF

PTF

DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A FOREIGN COUNTRY INCORPORATED or PRINCIPAL PLACE OF BUSINESS IN THIS STATE

I ]3 [ 13

INCORPORATED and PRINCIPALPLACE
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

[ ]5
[]6

[ ]5
[]6

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

[ 14 [ ]4

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

40-42 Riding House Street
London W1W7ET

United Kingdom

DEFENDANTS) ADDRESS(ES) AND COUNTY(IES)

Spin Media LLC, 276 Fifth Ave., 7th Floor, New York, NY 10001 (New York County) Spinmedia Corporation, 6464 Sunset Boulevard, Hollywood, CA 90028 (Los Angeles County) DOES-10 (see below)

DEFENDANTS) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

DOES 1-10

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[X] MANHATTAN

(DO NOT check either box ifthis a PRISONER PETITION/RRl^ONER CIVIL RIGHTS COMPLAINT.)

DATE FEB 6, 2014SIGNATURE OF ATTORNEY OF RECOpfJ) /ILK ^^^___ApMITTED TO PRACTICE IN THIS DISTRICT
N YES (DATE ADMITTED Mo. MAY
RECEIPT #

Yr. 1993

)

Attorney Bar Code # JB8780

Magistrate Judge is to be designated by the Clerk of the Court. Magistrate Judge
Ruby J. Krajick, Clerk of Court by.

J, tf (mi* «*>"'

-~.ra&
is so Designated.

. Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

JUD6E FAft-'LA
^ IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

1 ./*

i.

vf

f%\

l\3&

LICKERISH LTD.,

Plaintiff,
v.

Civ. Act. No.

SPIN MEDIA LLC, SPINMEDIA CORPORATION and DOES 1-10,
Defendants.

-o~
m

bo
c_j

P
O

TO
1

—1

55-n

;

en

;or~

1<

_
f\J
CD

o
o cr =3

Complaint

Plaintiff LICKERISH LTD. ("Lickerish"'), by and through its counsel of record
BRESSLER LAW PLLC, alleges for its Complaint against Defendants SPIN MEDIA LLC, SPINMEDIA CORPORATION, and DOES 1-10 (collectively, all such defendants are the
"Defendants") as follows:

Nature of the Action

1. This is a civil action against Defendants for their wrongful acts of direct and

indirect copyright infringement, and provision and distribution of false copyright management
information, in violation of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
The Parties

2. Plaintiff Lickerish is a limited company organized and existing under the laws of the United Kingdom with its principal place of business at 40-42 Riding House Street, London
Wl W 7ET United Kingdom. Lickerish is a premier photographic syndication company that

provides images of models and celebrities created by internationally renowned photographers to communication and media businesses. Lickerish exclusively administers the infringed copyright
rights at issue in this action.

3. Defendant Spin Media LLC is a Delaware limited liability company with a place of business at 6464. On information and belief, as informed by the New York Department of
State's corporate entities database hosted at

http://www.dos.ny.gov/corps/bus entity search.html. Defendant Spin Media LLC is qualified to

do business in the State of New York since February 10, 2006. On information and belief, Spin
Media LLC owns, operates and/or participates in the operation of numerous Internet websites

directed to entertainment and pop culture subject matters, including the website hosted at

www.spinmedia.com (the "SpinMediaWebsite") and the website hosted at www.egotastic.com (the "Egotastic Website"). The Egotastic Website home page (a true and complete copy of a
which is attached to this Complaint as Exhibit A) recites at the bottom that "Egotastic is a
member of Spin Entertainment, a division of SpinMedia".

4. Defendant Spinmedia Corporation is a California corporation with an address at

6464 Sunset Boulevard, Hollywood, CA 90028. On information and belief, Spinmedia
Corporation owns, operates and/or participates in the operation of numerous Internet websites

directed to entertainment and pop culture subject matters, including the SpinMediaWebsite and the Egotastic Website. On information and belief, as informedby the U.S. Patent and Trademark Office's public database hosted at www.uspto.gov. Spinmedia Corporation owns
U.S. Trademark Registrations 3,637,282 and 4,116,591 for the mark EGOTASTIC for various entertainment and media-related goods and services.

5. Defendants DOES 1 through 10 inclusive currently are unknown to Plaintiff; as
such, Plaintiff identifies those defendants in this action with fictitious names. Plaintiff is

informed and believes that eachof the Defendants designated as DOES is legally responsible at
leastin part for the events and actions constituting the conduct damaging Plaintiff. Plaintiffwill
Page 2 of 11

seek leave of Court to amend this Complaint to identify and include the actual names and capacities of Defendants after Plaintiff has determined such data.

Jurisdiction and Venue

6. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. §§ 1331, 1338(a) and 17 U.S.C. 501(a), as this action alleges infringement of registered

U.S. copyright rights pursuant to the copyright laws of the United States, 17 U.S.C. § 101 et seq. 7. This Court has personal jurisdiction over Defendant Spin Media LLC because it
does business and/or transacts business in the State of New York.

8. On information and belief, this Court has personal jurisdiction over each of the
DOE Defendants because s/he or it does business and/or transacts business in the State of New

York, including without limitation their conduct and contacts with Defendant Spin Media LLC.
9. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)(1),

1391(c)(2) and 1400(a) because Defendant Spin Media LLC is subject to personal jurisdiction in
this district.

Facts

10. Mr. Stephan Wiirth, a German citizen and resident of New York City, is a
renowned professional fashion and celebrity photographer whose clients have included

international editions of Vogue, GQ, Playboy, SportsIllustratedSwimsuitEdition, Esquire,
Galore Magazine, and Treats Magazine, among many others.

11. In 2011, Mr. Wiirth created photographic images featuring fashion supermodel
Ms. Rosie Huntington-Whiteley (collectively, the "Images"). Mr. Wiirth is the sole author and

Page 3 of 11

always has been the sole owner of the Images and copyright rights therein, which he registered
with the U.S. Copyright Office. A true and complete copy of U.S. Copyright Reg. No.
VA 1-833-155 for the Images, and copies of each of the three Images at issue in this action, are attached to this Complaint as Composite Exhibit B. 12. For all times relevant to this action, Mr. Wiirth has appointed Lickerish as his

exclusive administrator and publisher of all copyright rights in and to the Images. As such,

Lickerish is entitled to institute and maintain this action for copyright infringement. 17 U.S.C.
§ 501(b).

13. On or about May 26, 2011, Defendants' Egotastic Website reproduced, publicly displayed, distributed, transmitted and used three Images without Lickerish's (Mr. Wiirth) consent or authorization. True and complete copies of screenshots of the Egotastic Website pages that used the three Images are attached to this Complaint as Composite Exhibit C. 14. In addition to using the Images without consent, Defendants electronically watermarked their copies of the Images prominently with Defendant Spinmedia Corporation's
EGOTASTIC trademark. The watermark conveys falsely to those who see it that that

Defendants authored the Images, or that they own or have rights to them, and that they had rights
to brand the Images with the EGOTASTIC trademark, none of which is true.

15. Defendants reproduced, displayed, transmitted, distributed and used the Images

on the Egotastic Website pages in a manner and that enabled Internet visitors easily to "copy and
paste" the Images from the Egotastic Website for those visitors' own further unauthorized

reproduction, publicly display, distribution, transmission and use of the Images.
16. Lickerish wrote Spin Media LLC on January 15, 2014 to demand that Defendants

cease their unauthorized uses of the Images and to try to resolve amicably the matter of the
Page 4 of 11

Egotastic Website infringement. A true and complete copy of Lickerish's demand letter is attached to this Complaint as Exhibit D (Lickerish's "Demand Letter").
17. On information and belief, Defendant Spin Media LLC received Lickerish's Demand Letter; by January 16, 2014, the Images vanished from the Egotastic Website pages cited in Lickerish's Demand Letter. Despite this admission that Spin Media LLC violated Lickerish's copyright rights by using the Images, Defendant Spin Media LLC did not respond to
Lickerish's Demand Letter.

18. Lickerish wrote Defendant Spin Media LLC again on January 22, 2014 to implore it to respond and resolve the matter of its infringement. A true and complete copy of Lickerish's follow-up e-mail message is attached to this Complaint as Exhibit E. 19. Because Lickerish still has received no response from the Defendants, it has
commenced this action.

FIRST CLAIM FOR RELIEF

Copyright Infringement

(As Against All Defendants)

20. Lickerish repeats and realleges the allegations set forth in paragraphs 1 through 19
as if fully set forth herein.

21. On information and belief, Defendants knew that they did not possess any rights
to use the Images on the Egotastic Website.

22. On information and belief, Defendants' unauthorized uses of the Images were
deliberate and willful.

23. One need look no further than Defendants' own SpinMedia Website home page to

understand precisely why Defendants willfully would use others' compelling photographic

Page 5 of 11

images without consent: the extraordinary Internet visitor traffic that Defendants' websites generate drives the rates that Defendants can charge their clients to advertise on those websites. The SpinMedia Website home page trumpets:
30 MILLION OBSESSED FANS - CONSUMING OVER 350 MILLION

PAGEVIEWS EACH MONTH. They come because SpinMedia understands the complex relationship between brands, content and millennial consumers. We provide a platform that feeds their obsession with music and pop culture - and incentivizes them to share stories, join communities, and explore. [...]
OBSESSION. WE FEED THE HUNGER FOR MUSIC & POP CULTURE

CONTENT. Great content (and lots of it) feeds the hunger. We create over 1,000 mouthwatering stories fresh daily across 45 influential properties that dominate the music and entertainment landscape. (Bold emphasis in original.)

A true and complete copy of the relevant portions of the SpinMedia Website page is attached to
this Complaint as Exhibit F.

24. On the SpinMedia Website, Defendants also tout the Egotastic Website's marketing and demographic prowess (underline emphasis added):
Egotastic is the most irreverent news and gossip site for young men. packaging must-read features on sports, video games and tech with red-hot photos and videos from around the world. • Reaches over 2 million unique visitors on a monthly basis. • Visitors are 231% more likely to be male millennials (M18-34: 331
index).

Visitors are 258% more likely to have 4+ social network profiles (358
index).

Withinthe context of its Egotastic Website targeting men 18-34 years of age, Defendants'
motive to steal and falsely brand Mr. Wurth's spectacular Images of supermodel Rosie

Huntington-Whiteley is clear. In the daily scramble to serve the crushing demand for fresh

Page 6 of 11

Internet entertainment content, Defendants knowingly and remorselessly ride roughshod over
others' exclusive copyright rights.

25. As participants in the media publishing industry, Defendants are well aware of the

important protections against unauthorized uses of protected creative works afforded by
copyright law. The Egotastic Website's own Terms of Service, hosted at

http://www.egotastic.com/legal/ (a true and complete copy of which is attached to this Complaint
as Exhibit G). admonishes in pertinent part:
COPYRIGHTS

Unless otherwise indicated, all Site materials, including, without limitation, the Site logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us N [sic] including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance N [sic] without the prior written permission of us is strictly prohibited.
26. Notwithstanding such admonishment, however, on information and belief,

Defendants knew and hoped that Internet visitors would take and proliferate the Images. Defendants falsely watermarked the Images with the EGOTASTIC brand so that when copies
were taken, Defendants would receive the advertising, publicity, notoriety and exposure for the EGOTASTIC brand that the Images would generate when further copied, shared and proliferated
across the Internet by other websites and Internet visitors.

27. The economic benefits of such further advertising, publicity, notoriety and

exposure for Defendants can be substantial when, for example, an image "goes viral,"

Page 7 of 11

replicating, distributing and proliferating across the Internet to more and more users at a feverish,
exponential rate.

28. Defendants' enabling such easy copying of the Images helped ensure that the
"red-hot" images that the Egotastic Website publishes can go viral quickly. Falsely watermarked with Defendants' EGOTASTIC brand, the Images drive still more Internet traffic and lucrative

advertising revenues to Defendants' Egotastic Website and other websites. 29. Because Defendants knowingly contributed to and induced third person
infringement of the Images, and/or controlled or had the ability to control such third person infringing activities, which benefitted Defendants commercially, Defendants also are liable for

contributory infringement and/or vicarious infringement of Lickerish's exclusive copyright rights
in and to the Images. 30. Defendants performed their wrongful acts without the consent, authorization or other permission of Lickerish or anyone else authorized to permit such actions.

31. Defendants performed their wrongful acts willfully and knowingly, with intentional disregard for Lickerish's copyright rights in and to the Images, and for the purposes

of trade and profit, including the sale of advertising, the attraction, promotion and support of
Internet visitor traffic to their Egotastic Website and other websites, and the promotion of the
EGOTASTIC trademark.

32. Defendants have received substantial benefits from the unauthorized

reproduction, display, distribution, transmission and use of the Images, including the sale of advertising, the attraction, promotion and support of Internet visitor traffic to their Egotastic
Website and other websites, and the promotion of the EGOTASTIC trademark. As merely one

example, Defendants sold advertising to the adult entertainment company Wicked Pictures
Page 8 of 11

(www.wicked.com), whose advertisement featured an image of a nearly nude woman known to reality television show audiences as "Octomom" and a link to its site promising "Octomom
Exposed Exclusively On Wicked.com". See Exhibit C at page 1.

33. Plaintiff has been damaged by Defendants' unauthorized uses of the Images, including without limitation in the forms of diversion of trade, loss of profits, dilution of the

value of its rights, erosion of the market value of the Images, injury to goodwill and reputation,
and false attribution of the Images, in an amount to be determined at trial.

SECOND CLAIM FOR RELIEF

Provision and Distribution of False Copyright Management Information

(As Against All Defendants)

34. Lickerish repeats and realleges the allegations set forth in paragraphs 1 through 33
as if fully set forth herein.

35. With the intent to induce, enable, facilitate and/or conceal infringement,

Defendants applied the EGOTASTIC brand watermark to each of the three Images and reproduced, publicly displayed, distributed, transmitted and used such watermarked Images.
36. The EGOTASTIC brand watermark constitutes "copyright management

information" because, among other things, it is information identifying or purporting to identify
the Images, their author and/or their copyright owner.

37. Neither Defendants nor EGOTASTIC are the author of the Images, or the owner

of copyright rights in and to the Images, or the holder of rights to use the Images.
38. Defendants' reproduction, public display, distribution, transmission and uses of

such watermarked Images provided and distributed false copyright management information.

Page 9 of 11

39. Such wrongful conduct damaged Lickerish in an amount to be determined at trial.

40. Such wrongful conduct entitles Lickerish to an award of the actual damages it suffered as a result of the violation, and any additional profits of Defendants attributable to the

violation, or if and as Lickerish opts, statutory damages in an amount of $25,000 per violation of
17 U.S.C. § 1202.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests judgment against Defendants a
follows:

a. declaring Defendants liable for direct and contributory and/or vicarious infringement of Lickerish's exclusive copyright rights in and to the Images; b. declaring Defendants liable for provision and distribution of false copyright

management information;
c. awarding Lickerish monetary damages in an amount equal to its actual damages and Defendants' additional profits, in an amount to be determined at trial, for

their copyright infringement; d. awarding Lickerish monetary damages in an amount equal to its actual damages and Defendants' additional profits, in an amount to be determined at trial, for their provision and distribution of false copyright management information, or at Lickerish's option, statutory damages in an amount of $25,000 per violation of 17 U.S.C.
§ 1202 (17 U.S.C. § 1203(c)(3)(b));

e. compelling Defendants to account to Lickerish for all profits, income,

Page 10 of 11

receipts and other benefits derived by Defendants from the reproduction, display,
promotion, distribution and sale of products, services and media that infringe copyright rights in and to the Images (17 U.S.C. §§ 504(a)(1) and 501(b)); and
f. awarding such other and further relief as the Court deems just and proper.

Dated: February 6, 2014
New York, New York

Respectfully submitted,

Joshua R. Bressler (JB8780)

Breker Law PLLC

3We\t 35th Street, 9th Floor
New Ybrk, NY 10001
Tel: (917) 969-4343 Fax:(917)591-7111

Counselfor Plaintiff
Lickerish Ltd.

Page 11 of 11

Egotastic! The Sexy Side Of Celebrity Gossip | Because Men Think Diff...

http://www.egotastic.com/

P|M|T|IQTIp|
NEWS PHOTOS VIDEOS

LUUIHOllll!

Bmame Men Wmk Differently
ALL STARS TV&FILM
GAMING TECH
Search Egotastic

HUMOR

CELEBS

Kimberley Garner Bikini Stripety Hot Down St. Bart's Way
By Bill Swift | January 30, 2014 @ 2:42 PM

Follow Us:
STUFF GUYS LIKE

CONTACT US

The 'From Dusk Till Dawn' TV

Show Trailer Bloodies Up
Your Screen Gaming

The Weekly WTF: Ladies, Pee Like a Man With 'Super Pii Pii
Brothers'

SuperEgo

The "Full House" Gang
Reunites

This Is Awesome: Ninja Mug With Insulating Mask, Sword Spoon, and Shuriken Coaster

Kimberley Garner Bikini Stripety Hot Down St. Bart's Way

View the Gallery / 9 Photos »
Kimberley Garner does have one of my favorite bikini bodies these days. A bit in need of a sandwich, but a frontside and backside that form a playground where I'd happily spend all my ogling tokens.
The TOWIE starlet was in St. Bart's for a photoshoot that had her in a red striped bikini and a hat that she desperately tried to keep on in a stiff breeze. I wish her bikini had been equally affected by the prevailing trade winds. We could really use a good bikini malfunction from Kimberley soon for the sake of my own stiff breeze. She is a lovely little blonde lass I must say. More, Kimberley, more. Enjoy.
KIMBERLEY ALMOST LOST HER BIKINI TOPS DURING ONE OF HER VACATIONS

THE HOT 5
Anastasia Ashley Booty, Kourtney
Kardashian Bikini,
Renee Olst...

Bella Twins Bikini

Beach Workout Slams
Your Lust into the Turn...

Nina Agdal Booty In Your Face for Big
Grins

21 Photos »

Miley Cyrus Unplugged in a Bikini
Posted Under: Kimberley Gamer. Bikinis
With a Horse and Madonna

Sienna Miller Covered

Topless Hotness in

Amy Markham Topless Glamorous Treats from Across Pond in GQ Italy
VIDEOTASTIC
CUCKWSEEWENSOIIED

Black and White for

lof6

1/31/2014 9:40 AM

Egotastic! The Sexy Side Of Celebrity Gossip | Because Men Think Diff.

http://www.egotastic.com/

The 'From Dusk Till

So These Dudes Are

Dawn' TV Show Trailer
Bloodies Up Y...

Hanging Off Ledges By
His Fingertips

Grand Theft Auto V's

LOLWTF: Giant Pigeon

Los Santos is Flooded

Sh'ts on People's Car

by Latest...

Prank (VIDEO...

M0fff»
View 7 All-Stars Photos »

Usually when we see sextastic brunette model Amy Markham, she's strolling along the beach trying to keep her tremendous treats from falling out of not quite fully containing bikini top. Now, she's giving up trying to contain her faptastic funbags yearning to be free, and exposing her bare boobtastic in this glamourous Michael Magers photoshoot for GQ Italy.
We're big fans of Amy's. We've never met her, but because she's good looking and topless we're going
to assume she's a wonderful woman until told otherwise. And, let's be honest, even if told otherwise,

BIKINIS: MOST RECENT POSTS

TT
f

Kimberley Garner Bikini Stripety Hot Down St. Bart's Way
Bella Twins Bikini Beach Workout Slams
Your Lust into the Tumbuckle

we'd still go out with her because what the hell do friends and family and police detectives and forensic psychiatrists know anyhow. She still seems nice to me. Especially when her lingerie falls off. Super nice. Enjoy.
AMY OFTEN HAS TROUBLE KEEP CONTAINED IN HER BIKINI TOPS

Julissa Bermudez Bikini Flaunting and Pouting Her Way Into Our Hearts
Fernanda Uesler Bikini Watermelon

JLki

Perfection Strutting the Beach in Miami Katelynn Ansari Bikini Models for 138 Water (Here Comes the Slow Pour)

m

U0R[»

12 Photos »

HOT ON THE WEB
Helen Mirren Hasty Pudding

Posted Under: Amy Markham, All-Stars, GQ magazine, Topless

T-T

Award: Oscar Winner Named

Woman Of The Year (VIDEO)
HuffPost Celebrity

Miley Cyrus Unplugged in a Bikini With a Horse and
Madonna
By Bill Swift | January 30, 2014® 1:33 PM TWEE

Justin Bieber GPS Records

IrVf ¥ Show N0 DRAG RACING
Kate Upton appears on the
cover of the November issue of...
Fox News

Yoga pants are cold weather's greatest gift to man (44 Photos)
The Chive

How to Be the Female

Protagonist of an Hourlong
Drama

College Humor

TOP STORIES

2 of 6

1/31/2014 9:40 AM

Egotastic! The Sexy Side Of Celebrity Gossip | Because Men Think Diff...

http://www.egotastic.com/

The Crap We Missed - Thursday 1.30.14 Charlize Theron Banged Seth MacFarlane Because
Of This Movie

Nina Agdal's Butt Posed For Terry Richardson

View the Gallery /11 Photos »
I must admit. I probably won't be adding Miley Cyrus with her horse and Madonna to my MTV Unplugged collection next to Nirvana and Eric Clapton. I could change my mind someday, but I'm going

Vadgity Chipmunk's Hee-Haw Hootenanny! Scarlett Johansson Selling Soda Machines Is Destroying The Middle East (Or Something)

MORE TOP STORIES'

to guess not. Nevertheless, the world's most popular pop star took to the stage on Sunset Blvd. for a recording with MTVfor their long-running, previously sort of musically-respected Unplugged series.
She definitely put on a show. It was memorable. There was skin. Along with a whole bunch of cowboy and country music twangs that made sense to somebody somewhere. I recommend looking. I can't

necessarily recommend the listen. Art is really in the eye of the beholder, sort of like the sextastic. Enjoy.

Posted Under: Miley Cyrus, MTV Unplugged

Anastasia Ashley Booty, Kourtney Kardashian
Bikini, Renee Olstead Cleavy Highlight the Sextastic Twitpic Roundup
By Bill Swift | January 30, 2014 @ 12:37 PM TWEET

View the Gallery / 29 Photos »
Talk about your week's in killer social media shares by some of our most belusted sextastic celebrities. If sharing means caring than several of these mostly young ladies care enough to share me right into some private time introspection in the gentleman's quarters. These lovely ladies aren't just going for your old school duckfaces and photobombs, this attempt to get raves reviews for their looks among the general public is starting to take on entirely never levels of creativity and skin flashing. Consider me a
proponent of this new wave of artistic expression.

This week's Sextastic Twitpic Roundup includes Kourtney Kardashian flashing some bikini cleave, Jordan Carver out-cleaved by no woman, Anastasia Ashley and her epic bikini booty, Aubrey O'Day flashing a whole lot of body, Renee Olstead coming back after a long absence with chesty goodness, Kelly Brook in a showy one-piece, Nina Agdal tight cheeked, and much much more. You owe it to your ever so fragile Super Bowl bet to check out each and every one of these touchdown totally candid social media pics. Enjoy.
LAST WEEK'S ROUNDUP IN CASE YOU WERE BUSY SHARPENING YOUR AXE

i mmmmmi
3 of 6

k

~

IPuil

I

1/31/2014 9:40 AM

Egotastic! The Sexy Side Of Celebrity Gossip | Because Men Think Diff...

http://www.egotastic.com/

Posted Under: Kourtney Kardashian, Sextastic Twitpic Roundup, Twitpics

We've Seen Orlando Bloom's New Girlfriend Nora

Arnezeder Topless on the Beach Before.
By Bill Swill | January 30, 2014 @ 12:08 PM TWI

CUCHTOSEEUNCENSORED

View 12 All-Stars Photos »

Was it really three years ago now that we first spotted Nora Arnezeder topless on the beach in Spain? Yes, it was, that was kind of a rhetorical question really. At the time, we just knew she was young and French and hot and about to be in a bunch of her first English language films. Which, cut to present day, she now has been, including Safe House. She's also in the news because she's now the new love interest of recently un-married Orlando Bloom. So, take that Miranda Kerr, or something like that. Mostly I just wanted to flash back to some of my favorite bikini beach pics ever. And when I flash back, I need a flash back buddy. So lucky you. Check her out one more time. Enjoy.
SEE MORE SPANISH BEACH I0PIESS GOODNESS»
Posted Under: Nora Arnezeder. All-Stars, Topless

Ariadne Artiles' Funbags and Other Fine Things to Ogle
By Scott | January 30, 2014 @ 12:00 PM TWEET

NAYA RIVERA STRIPPING
She admits that

she can't get

\ enough of the

4 of 6

1/31/2014 9:40 AM

Egotastic! The Sexy Side Of Celebrity Gossip | Because Men Think Diff.

http://www.egotastic.com/

Ariadne Artiles is my Achilles' heel (Popoholic) Naya Rivera strips down, learns how to use a stripper pole (Celebuzz)
Bras are not welcomed here (The Chive)

Kylie Minogue gets physical... in heels (Idolator) Carmen Electra busty and deep cleave'd (HuffPo) Emma Roberts opens up about her sex toys experience (Gossip Cop) Halle Berry's MILF-y mammaries will make you weep with joy (WWTDD)

Nina Agdal Booty In Your Face for Big Grins
By Bill Swift | January 30, 2014 @ 11:16 AM

View the Gallery / 3 Photos »
The sight of Danish Delight Nina Agdal flashing her butt in super short shorts for the camera almost

makes me not want to be jealous of lucky bastard photographer Terry Richardson for just a second or two. Terry did manage to get Nina into his studio for some special photos, including this whopper or her ridiculously hot booty barely contained in her Daisy Dukes. Now, I'm not saying it's time to start objectifying women by zooming the camera lens in on their super fine hineys. But I am saying that if you do feel so obliged, please also feel obligated to share with me and the millions of other model hot thumper lovers out there. Make the world a better place, one fine
asstastic at a time. Bless your bottom dollars, Nina. Enjoy.

5 of 6

1/31/2014 9:40 AM

Egotastic! The Sexy Side Of Celebrity Gossip | Because Men Think Diff...

http ://www.egotastic .com/

®&
12 3 4

View the Gallery / 3 Photos »

Posted Under: Nina Agdal, Asstastic, Terry Richardson

5

About

Archive

Advertise

Legal

AdCboico* p>

Egotastic is a member of Spin Entertainment, a division of SpinMedia

6 of 6

1/31/2014 9:40 AM

Certificate of Registration
I hM ftlihc.iU'lviui'i! uiuki ilu"n\»l<il ihc( opwighl
t Him- hi .mmiltni * viilh tiih' i~, f 'utli'it sntii -. (\<<li\

jllcsK lli.it ti-j',i".tratirHi ha1- been nude lot Ilit* wor*
iilenlilud beluv\ Hie intm nullum <<n ikiwi iti:it,tte lid1-

Snen m.uk-i p-itt ul ilvi iipviijjht I Hliie refolds

Registration Number

VA 1-833-155

'''^^ TtIom^A-'hhtez
Keyisti't ol'( iitpyhghu, United NlarfeM>l America

Effective date of

resist ration:
Julv 12,2012

Title

Thlc of Work: StephanWurth. GRPP1i 4 Photosof Rosie Huntington Whitely published Appmx. May
10,2011

Contents Titles: Rosie Huntington Whiteiey t

Rosie Huntington Whitefcy 2 Rosie HuntingtonWhiteley 3
Rosie I luntington Whitdey 4

Completion/ Publication
Year «f Completion: 2011
Date uf 1st Publication: May J0.2011
Nation of 1st Publication; United States

Author .Author: Stcpbart Wurth
Author Created:
Citizen «f:

photograph(s)
Germany
Domiciled in; United States

Copyright claimant
Copyright Claimant: Stephan Wurth
666 Greenwich Street, 4705, New York. NY, 10014, United States

Rights and Permissions
Organization Name; Lickerish Ltd.
Nanic: Emma Carlsen

Email: emma.cariseri@iic-kerishltd.com
Address: 40-42 Riding House Street

Telephone:

+44-020-7323 W
00 0000 0000

London, W1W7I1T United Kingdom

Certification

Page 1 of 2

Name: Joed. Naylor Date: July 12,2012
Applicant's Tracking Nu mber: C1040

E»age 2 of 2

Registration #: VAOOO 1833155

Service Request #:

1-792896211

Lickerish Ltd,

Emma Carlsen

.

40-42 Riding House Street London. WIW 7ET United Kingdom

Q

o

a

'

s
c
k>

»L-

W

r/trf

a. a

o

&
u

x:

sV

.r~

4J

E
o u

%±A

J-

3
c

,y

0
CTl C
c

en
(U
*

3

I
UJ

<

*

*

j Rosie Huntington-Whiteley StephartWu..

4? "^ '"' •"•' '• .egotastic.com phctec 'a.*;!; -icek-rciie-Huntmciicn-o hi+ele.---;ex'.-elle-ma^azine-cc- er-rcsis-huntinqtcn- ' hitale. -rtephsn-.'.i'rth-s"-C':'"-'J2

X
CELEBS

i§-C:P

#

S3-

EGOTASTIC!
: PHOTOS ' VIDEOS ALLf'STARS SPORTS TV & FILM GAMIMG TECH ' HUfvtOR

Rosie Huntington-Whiteley Stephan Wurth Photoshoot
« Sack to Story

Related to: Rosie Huntington-Whiteley, Etle
magazine

i&s'zr Egrtsstic

i1. ..„*>

tmrnrn

CONTACT

THE HOTIp
Kim Kardashian

Manages to Flash Cleavage in Kuwait
and Other F...

Katy Perry and Ctara Body Hugging Suits

Transferring data from cdn,extensions,buzznet.com,.,

New York, NY 1000

BresslerLaw
PUtC

'ww.srblawxori:

January 15, 2013
URGENT LEGAL COMMUNICATION WITHOUT PREJUDICE

FOR PURPOSES OF SETTLEMENT ONLY

Pursuant to Fed. R. Evid. 408 and
NYCPLR Section 4547

Via e-mail; cgritact@buzz-media.com

Confirmation via U.S.P.S, Priority Mail
Mr. Dale Strang, CEO
Spin Media LLC

276 Fifth Ave., 7th Floor
New York, NY 10001

Re:

Unauthorized Use of Stephan Wurth photographs of Rosie Huntington-Whiteley

Dear Mr. Strang:

This firm is legal counsel to ImageRights International, Inc. ("ImageRights") and Lickerish Ltd.

("Lickerish"). I write to try to resolve amicably your apparent unauthorized use of three photographic images of Ms. Rosie Huntington-Whiteley created by Mr. Stephan Wurth (collectively, the "Images"), their sole copyright owner.

Copyright rights in and to each of the Images are registered with the U.S. Copyright Office. By
agreement, Mr. Wurth has appointed Lickerish as the exclusive licensor and administrator of

those rights, ImageRights assists Lickerish to address and resolve violations of those rights.
Since May 26, 2011, your www.egotastic.com website ("Website") reproduces, publicly displays, distributes, transmits and uses the Images without Lickerish's consent at the uniform
resource locators (URLs) listed on Exhibit A attached to this letter. These unauthorized uses

constitute willful copyright infringement, remedies for which include injunctive relief, actual damages, and your profits attributable to use of the Images.

Additionally, your digital watermarking of the Images with the word "egotastic" implies falsely that you have the right to use these Images, which you do not, and also implies falsely that Mr.
Wiirth and Lickerish would have permitted such watermarking, which they would not.

To resolve this matter promptly and amicably, you must. (A) within one (1) calendar day after your receipt of this letter remove all Images permanently from your Website and anywhere else

C .'*•;•!•'••:'a.•''••!,

H•-ft'•.'- <3:r V"K T ":Q:, 8";:SHS

Mr. Dale Strang, CEO
January 15, 2014

Page 2 of 3

they are cached or reside, cease any and all other displays, transmissions and uses of the

Images, and confirm to me in writing that you have done so; and (B) within three (3) business
days after your receipt of this letter deliver a valid cashier's check for USD $91,963.12

(equivalent to £56,250) payable to "8RESSLER LAW PLLC, AS ATTORNEY". The foregoing
settlement demand does not, and shall not be construed to, limit the amount of monetary
damages that can or will be pursued in connection with this matter.

Your mere removal of the Images from the Website will not resolve the matter of your
infringement.

If you have engaged legal counsel to represent you concerning this matter, as is your right,
please instruct your counsel to contact me on your behalfas soon as possible.

Though Lickerish hopes and expects to resolve this matter quickly and amicably, Ireserve all of Lickerish's rights, remedies, claims and arguments, including the right to proceed to litigation
without further notice ifthe parties cannot finally resolve this matter.

Ilook forward to your receiving your written confirmation and payment as and when specified
in (A) and (B) above, respectively,
Sincerely,
BRESSLER LAW PLLC

X

.

Joshua R. Bressler

c

8 e ;.'a tm v

i

Mr. Dale Strang, CEO
January 15, 2014
Page 3 of 3

Exhibit A: URLs

*

http://www.egQtastic,CQm^

magazine-coyer/

http://www.egotastic.com/photos/ejslv !• >oi <umc tuio||Qgtoo-whiteley-sexy-elle:
magazine-cover/rosie-huntington-wt111 e Iey -st•> p ha ri-wurth-shoot-Ol/

http://www.egotast.ic.com/photos/early look rgsH;:hy.riJjngtonIwN
magazine-CQver/fosie-lniintngton'Whit^

http://www.egotastic.com/photos/early-iook-rosie-huntington-wiiiteley-sexy-e m agazine-cover/r osie-huntington-w.h ite1 ev-stephan-yyurth- shoot- 03/

fJ4^^Sol:-»r*k^

2/3/2014

Gmail - ImageRights International, Inc. / Spin Media LLC

Gc-3 il
ImageRights International, Inc. / Spin Media LLC
Joshua R Bressler <jrb@jrblaw.com> To: copyright@spinmedia.com, info@spinmedia.com Cc: Josh Bressler <jrb@jrblaw.com>
URGENT LEGAL COMMUNICATION WITHOUT PREJUDICE

Joshua R Bressler <jrblaw1@gmail.com>

Wed, Jan 22, 2014 at 1:28 PM

I have not received your response to my January 15, 2014 letter to Mr. Strang (attached for reference).
Please call me immediately. Thank you.

Regards, JRB
Joshua R. Bressler Bressler Law PLLC

3 West 35th Street, 9th Floor New York, NY 10001

tel (917) 969-4343 fax (917) 591-7111 e: jrb@jrblaw.com

*******************************************************

This communication (including attachments, ifany) may contain confidential, privileged and otherwise legally
protected information. Ifyou are not an intended recipient, your retention, use, disclosure, dissemination and

reproduction of it is prohibited. If you have received this communication in error, please immediately notify the sender via reply e-mail and delete it permanently from your computer systems.

U.S. Treasury Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments, ifany) is not intended
or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
*******************************************************

Forwarded message From: Joshua R Bressler <jrb@jrblaw.com>
Date: Wed, Jan 15, 2014 at 7:35 PM

Subject: Fwd: ImageRights International, Inc. / Spin Media LLC To: copyright@spinmedia.com, info@spinmedia.com Cc: Josh Bressler <jrb@jrblaw.com>

URGENT LEGAL COMMUNICATION WITHOUT PREJUDICE

https://mail.google.corrVn™i/u/0/?ui=2&^

1/2

2/3/2014

Gmail- ImageRights International, Inc./ Spin Media LLC

Mr. Strang,
Please see my letter attached.

Regards, JRB
Joshua R. Bressler Bressler Law PLLC

3 West 35th Street, 9th Floor New York, NY 10001

tel (917) 969^343 fax (917) 591-7111 e: jrb@jrblaw.com

*******************************************************

This communication (including attachments, ifany) may contain confidential, privileged and otherwise legally
protected information. Ifyou are not an intended recipient, your retention, use, disclosure, dissemination and

reproduction of it is prohibited. If you have received this communication in error, please immediately notify the
sender via reply e-mail and delete it permanently from your computer systems.

U.S. Treasury Circular 230 Notice: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments, if any) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
*******************************************************

-q Mr Dale Strang Spin Media LLC letter 15 Jan 2014.pdf a 2259K

https://mail.gc<^le.corTVrnail/u/0/?ui=2&ik=d1ba6c800f&^

2/2

K9II Cv99iCpI LciVU
PLLC

January 15, 2013
URGENT LEGAL COMMUNICATION
WITHOUT PREJUDICE

FOR PURPOSES OF SETTLEMENT ONLY

Pursuant to Fed. R. Evid. 408 and
NYCPLR Section 454?

Via e-mail: contact@buzz-media.com

Confirmation via U.S.P.S. Priority Mail
Mr. Dale Strang, CEO
Spin Media LLC

276 Fifth Ave., 7th Floor
New York, NY 10001

Re:

.Unauthorized Use of Stephan Wiirth photographs of Rosie Huntington-Whiteley

Dear Mr. Strang:

This firm is legal counsel to ImageRights International, Inc. ("ImageRights") and Lickerish Ltd. ("lickerish"). Iwrite to try to resolve amicably your apparent unauthorized use of three

photographic images of Ms. Rosie Huntington-Whiteley created by Mr. Stephan Wurth
(collectively, the "Images"), their sole copyright owner.

Copyright rights in and to each ofthe Images are registered with the U.S. Copyright Office. By
agreement, Mr. Wiirth has appointed Lickerish as the exclusive licensor and administrator of

those rights. ImageRights assists Lickerish to address and resolve violations ofthose rights.
Since May 26, 2011, your www.egotastic.com website ("Website") reproduces, publicly displays, distributes, transmits and uses the Images without Lickerish's consent at the uniform
resource locators (URLs) listed on Exhibit Aattached to this letter. These unauthorized uses

constitute willful copyright infringement, remedies for which include injunctive relief, actual damages, and your profits attributable to use of the Images.

Additionally, your digital watermarking of the Images with the word "egotastic" implies falsely that you have the right to use these Images, which you do not, and also implies falsely that Mr.
Wiirth and Lickerish would have permitted such watermarking, which they would not.

To resolve this matter promptly and amicably, you must (A) within one (1) calendar day after your receipt ofthis letter remove all Images permanently from your Website and anywhere else

I

N

N

O

V

A

Mr, Dale Strang, CEO
January 15, 2014 Page 2 of 3

they are cached or reside, cease any and all other displays, transmissions and uses of the

Images, and confirm to me in writing that you have done so; and (B) within three (3) business days afteryour receipt of this letter deliver a valid cashier's check for USD $91,963.12

(equivalent to£56,250) payable to "BRESSLER LAW PLLC, AS ATTORNEY". The foregoing
settlement demand does not, and shall not be construed to, limit the amount of monetary
damages that can or will be pursued in connection with this matter,

Your mere removal of the Images from the Website will not resolve the matter of your
infringement.

If you have engaged legal counsel to represent you concerning this matter, as is your right,
please instruct your counsel to contact me on your behalfas soon as possible.

Though Lickerish hopes and expects to resolve this matter quickly and amicably, Ireserve all of Lickerish's rights, remedies, claims and arguments, including the right to proceed to litigation
without further notice if the parties cannot finally resolve this matter.

Ilook forward to your receiving your written confirmation and payment as and when specified
in (A) and (B) above, respectively,
Sincerely,
BRESSLER LAW PLLC

C

0

U

N

$

Mr. Dale Strang, CEO
January 15, 2014

Page 3 of 3

Exhibit A: URLs

*

http://www.egQtastic..com/2Q.U^^ magazine-cover/

http://www.egotastic.cQm/photn- fj.\ji ly Ipoi ; u' j c -1uinl.j.O£tofi-wl}itejey-sexy-ellemagazine-cover/rosie-hyiningtoi)-whitelt»y-sie[)l)aii-wurth-shoot--01/

http://www.egotasticcom/photos/{\iilv luck rosie htmtirtp.ton whiteley-sexy-ellemagazine-cover/rosie-hunt'tint on whitelt^ Stephen 'AUtth •.hoot__(J2i'
http://www.egotastic,com/photos/eariy--look-rosie-huntington-whiteley-sexy-ellemagazine-cove r/r osje-huntj.ngtotv whiteIey->tephan -wurt h-sth pot- 03/

T'N Nlo v a"t. o'R s **

AUDIENCE

MUSIC

ENTERTAINMENT

BRANDED PARTNERSHIPS

THE TEAM

CAREERS

PRESS

30 MILLION OBSESSED FANS - CONSUMING OVER

350 MILLION PAGEVIEWS EACH MONTH.
1 in 5 millenniats are toys to SpinMedia brands.

They come because SpinMedia understands the complex relationship between brands, content and millennial consumers. We provide a platform that feeds their obsession with music and pop culture - and incentivizes them to share stories, join communities, and explore.

Engagement (U.S. only)
Unique Visitors
30,000,000
15,300,000

Total Minutes

Video Streams

SpinMedia

287,000,000

15,000,000

SpirtEntertainmertt
7,600,000

195,000,000
42,000,000

12,000,000
2,000,000

SpinMusic

ENTERTAINMENT

BRANDED PARTNERSHIPS

2.5X
MORELIKELY TO BECOMEA FAN COMBINEDSOCIALFANS AND
FOLLOWERS, ORFOLLOWABmND.

166M

4.5X
TO STREAMMUSICAND
MUSIC VIDEOS.

OBSESSION. WE FEED THE HUNGER FOR MUSIC &

POP CULTURE CONTENT.

Great content (and lotsofit) feeds thehunger. We create over 1,000 mouthwatering stories fresh daily across 45influential

propertiesthat dominate the musicand entertainment landscape.

SpinEntertamment

Our network of entertainment sites represents a daily addiction for over 15 million pop culture fanatics. They come in droves because we share their passion for pop culture, TV, movies, style, celebrity and more. We live and breathe it 24/7 just like

our audience.

153+ million combined social friends andfollowers.

EGOTASTIC!
Egotastic is the most irreverent news and gossip site for young men, packaging must-read features on sports, video games and tech with red-hot photos and videos
from around the world.

2X mwe influential aboutfashion, movies, &music.

2.5X more likely to become 3 fan or follow a celebrity.

4X m°re likely tohave downloaded a movie/TV show.

Our Entertainment Sites

• Reaches over 2 million unique visitors on a monthly
The Frisky
Crunktasticai

Celeb uzz

basts.

Celebsiarn

• Visitors are 231% more likely to be male millennials
(M18-34:331 index).

Fanpop
Just Jared

Go Fug Yourself

• Visitors are 258% more likely to have 4+ social

Just Jared Jr

Pink is the New Blog
The Superficial
WWTDD

network profiles (358index).
Visit Egotastic

Socialite Life

Videogum

Legal

http://www.egotastic .com/legal/

EGOTASTIC
NEWS PHOTOS VIDEOS

Because Men think Differently
ALI STARS

TV&FILM

GAMING

TECH
Search Egotastic

HUMOR

CELEBS

Legal
Privacy Policy

Follow Us:
THE HOT 5

CONTACT US

PLEASE READ THIS CAREFULLY (last modified: 06/16/2009)
Buzz-Media.com (the Site) provides a photo and video hosting/blogging service to you (the "Service(s)"), subject to the following Privacy Policy, which may be updated from time to time without notice to you. Your use of the Service constitutes acceptance of this Privacy Policy and creates a binding legal agreement, so read them carefully. This Privacy Policy applies only to information that you provide to us through the Site, and when you access, download, purchase or use any information, services, products or content appearing on the Site. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You should consult this Privacy Policy regularly for any changes. Any reference to us, our, we or similar words shall refer to this
Site and its affiliates thereto. THE PERSONAL INFORMATION WE COLLECT

Anastasia Ashley Booty, Kourtney
Kardashian Bikini,
Renee Olst...

Selena Gomez

Working Through Her Troubles With Super Tight Pan...

It is our policy to respect the privacy of the people who use the Services (each a "User," collectively the "Users"). Therefore, we will not disclose to any unauthorized third party a User's name or contact
information. We will also not monitor, edit or disclose the contents of a User's information unless

Lucy Anne Knows
How to Take a Solid

Topless Selfie

required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on us; (2) protect and defend our rights or property; (3) act under exigent circumstances to protect the personal safety of Users or the public; (4) to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable; or (5) fix or debug problems with our servers/software/service. When you register to become a member of the Site and in the course of using the Site, you may

Bella Twins Bikini Beach Workout Slams
Your Lust into the Turn...

voluntarily submit personally identifiable information that can be used to contact or identify you and administer your account ("Personal Information"). Personal information may include, but is not limited to, your name, phone number and e-mail address. The Site may also collect Personal Information from you if you choose to opt-in to participate in sweepstakes, surveys, contests or competitions. When you register with the Site, you create your own profile and privacy settings. Your profile information, as well as your name, e-mail and photo, are displayed to people you have specified in your privacy settings. Profile information you submit to the Site, and make public via your privacy settings, will also be available to other users via searching our Site, and may be available to third party search engines. This is primarily so your friends can find you and the content you create and store on the Site. We recommend that you guard your anonymity and sensitive information and that you not use your real name as your screen or user name to the extent that allows others to identify you.
As you use the Site, our servers automatically record information that the browser sends whenever it points to a Site or online service ("Log Data"). Log Data may include, but is not limited to, your computer's Internet Protocol address, browser type, the web page you were visiting before you came to one of the Site and information you search for on a Site.
HOW WE USE PERSONAL INFORMATION

&Z&££mTJB Alison Tyler Fulfills a 5HE^VF llfl Reader's Virtual
W*W* i ••

^ # Tues...

Dream on aTa-Ta

Personal Information is used for the following purposes: (i) to provide and improve our services, features and content; (ii)to administer your use of our services and your account; (iii)to enable users to enjoy and easily navigate the Site; (iv) to better understand your needs and interests; (v) to fulfill requests you may make; (vi) to personalize your experience; (vii) to provide service announcements; and (viii)to provide you with further information and offers from us or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on
related services. If you decide at any time that you no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications. Further, you may easily adjust your privacy and e-mail settings via your account settings at any time.
PRIVACY POLICY AND CONSUMER EDUCATION

Children's Privacy We do not direct the Site to persons under 13 years of age, and requires Users to be 13 years or older. Accordingly, we do not knowingly collect or maintain on the Site personally identifying or other information from persons under 13 years of age. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact privacy@buzz-media.com. If we become aware that a child under 13 has provided us with
Personal Information, we will delete such information from our files.

We recommend that minors over the age of 13 ask a parent or guardian for permission before sending any information about themselves to anyone over the Internet.

lof6

1/30/2014 9:20 PM

Legal

http://www.egotastic.com/legal/

Consumer Education Related to Social Networking

Creating a safe social networking environment is important to us. While we do not target or knowingly allow users under 18 to use the Service, interested persons may visit the following links created by the Federal Trade Commission to learn more about social networking safety tips: http://onguardonline.gov/socialnetworking.html http://onguardonline.gov/socialnetworking_youth.html
OTHER INFORMATION/LOGGING AND COOKIES

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use "persistent cookies" to save your username and login password for future logins to the Site. We use "session ID cookies" to enable certain features of our service, to better understand how you interact with the Site and to monitor web traffic routing on the Site and aggregate usage of the Site. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Ifyou do not accept cookies, however, you may not be able to use all portions of the Site or all
functionality of the services.

We also use the services of a third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit the Site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this Site and other websites in order to provide advertisements about goods and services of interest to you. Ifyou would like more

information about this practice and to know your choices about not having this information used by these companies, please visit http://www.networkadvertising.org/optout_nonppii.asp.
INFORMATION SHARING AND DISCLOSURE

Members. In addition to your username, any comments or submissions that you post to the Site will be publicly available. You post and share your Personal Information and content on the Site at your own risk. While we go to great lengths to create a safe and enjoyable experience on the Site, we cannot control the actions of other users with whom you may choose to share your content and/or profile information. In addition, we cannot anticipate other users' ability to circumvent privacy settings. You understand that, even after removal of your Personal Information and content from the Site, copies of your information may remain viewable in cached or archived Web pages or on the local computers of users who may have downloaded or stored your information. Even with all the appropriate precautions we take to protect your information, we recommend you refrain from sending private information or Personal Information by e-mail, chat, or other messaging services. Aggregate Information and Non-Identifying Information. We may share aggregated information that includes non-identifying information and Log Data with third parties for industry analysis, demographic profiling, and to deliver targeted advertising about other products and services. Service Providers. We may employ third party companies and individuals to facilitate the our services, to provide the services on our behalf, to perform services related to administration of the Site (including,
without limitation, maintenance, hosting and database management services, web analytics and

administration). These third parties have access to your Personal Informationonly to perform these
tasks on our behalf and are obligated not to disclose or use it for any other purpose. Business Transfers. We may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the
event of bankruptcy.
Invits-A-Friend

Ifyou choose to invite your friends to use the Site, using our invitation options, we willask for
information such as an e-mail address. We will automatically send your friend(s) a one-time e-mail
invitation to visit the Site. We store this information to send this one-time invitation, and to track the
success of this referral feature.

CHANGING OR DELETING YOUR INFORMATION

All members may review, update, correct or delete the Personal Information in their registration profile by logging into their account and changing the "user preferences" associated with their account. Ifyou completely delete all such information, your account may be deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.
SECURITY

We are concerned with safeguarding your information. We employ a variety of industry-standard measures designed to protect your information from unauthorized access.
INTERNATIONAL TRANSFER

Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, please be advised that we transfer Personal Information to the United States and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
LINKS TO OTHER SITES

The Site contains links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites and services follow

2 of 6

1/30/2014 9:20 PM

Legal

http://www.egotastic.com/legal/

different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
VIOLATIONS AND COMMENTS

Please report any violations of this Privacy Policy or make any comments to contact@buzz-media.com. You may also contact us by mail to BUZZMEDIA, 6464 W. Sunset Blvd., #650, Hollywood, California 90028.

Terms And Conditions
ACCEPTANCE OF TERMS

Buzz-Media.com (the "Site") provides a photo and video hosting/blogging service to you (the "Service(s)"), subject to the following Terms of Sen/ice ("TOS"), which may be updated from time to time without notice to you. Your use of the Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 13 years or older to use this Service. Any reference to us, our, we or similar words shall refer to this Site and its affiliates thereto.
REGISTRATION

You agree that all information provided to us upon registration and at all other times will be true, accurate, current and complete. You also agree that you ensure this information will be kept up to date at all times. This especially applies to your email address since we will direct all communication to you about your account to your email address. We will use the information you provide to us in accordance with our Privacy Policy (as determined below).
PRIVACY POLICY AND CONSUMER EDUCATION

In order to use the Services, you agree to be bound by the Privacy Policy of the Site. Please review the Privacy Policy (which may be accessed at the Site) on a regular basis as it may be updated from time to
time.

COPYRIGHTS

Unless otherwise indicated, all Site materials, including, without limitation, the Site logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Site. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site that originated from us N including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance N without the prior written permission of us is strictly prohibited.
TRADEMARKS

The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
USE OF CONTENT SUBMITTED BY YOU

BY UPLOADING, POSTING, SENDING OR SUBMITTING PHOTOGRAPHS, PICTURES, IMAGES OR
ANY OTHER CONTENT INCLUDING, WITHOUT LIMITATION, GRAPHICS, VIDEO, DATA, TEXT,

FILES, LINKS, SOFTWARE, MUSIC, SOUND ("CONTENT'), YOU ARE CONSENTING TO BE BOUND
BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT UPLOAD, POST, SEND OR SUBMIT
ANY CONTENT TO THIS SITE.

You agree that any Content you upload, post, email, transmit or otherwise make available via the Service is non-confidential and that we shall have a perpetual, worldwide, non-exclusive license to use any such Content in connection with the Service and our business (and any successor), including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Site and under these Terms of Service. The submission of any materials to us irrevocably waives
any and all "moral rights" in such materials, including the rights of paternity and integrity. The foregoing license granted by you terminates once you remove or delete Content from the Site.
USER CONDUCT

You understand that all Content posted by Users, whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. We do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.

You agree to not use the Service to:

3 of 6

1/30/2014 9:20 PM

Legal
<

http://www.egotastic.com/legal/

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, Including, but not limited to, a Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or which would violate any right of publicity, right of privacy or other right of any party without first obtaining permission of the owner of such right. This includes group or individual portraits of people taken by professional photographers.

Photos of people may only be used with the permission of the individual whose image is portrayed (or for minors, the permission of their parent or guardian). This includes celebrities and professional athletes, as well as ordinary citizens; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation;

h. upload, post, email, link, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another; I. collect or store personal data about other Users;
m. link to or refer to Content not allowed under these TOS;

n. otherwise use the service in a manner deemed inappropriate by us.
POSSIBLE CONTENT REMOVAL

We retain the right, but not the obligation, to monitor and edit or remove any activity or Content that it deems in its sole discretion to be harmful to Users, us or the rights of any third party, or to violate any applicable law. This includes the right, but not the obligation, to remove any text or images uploaded by you that we deem in our sole judgment to be inappropriate or that we believe may subject us to any liability, including without limitation the following: • photographs, pictures, images, text or other materials submitted by Users that are protected by trademark, copyright, right of publicity or other proprietary right, without the express permission of the owner of those rights; • partially or fully nude images of anyone, at any age, of any gender, including sexually suggestive images or words; • profanity or offensive comments including but not limited to expressions of racism, bigotry or
hatred, or that are abusive, slanderous or offensive;

• any illegal material such as expressions of abuse, offensive language and imagery, obscenity or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under, or otherwise violate, any applicable law.
LINKING TO OUR SITE

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray us or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page without our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing our name, trademark or product name without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any of our patent, trademark, copyright or proprietary rights or any third party. We make no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of web sites linking
to this Site.

THIRD PARTY LINKS

We may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. We do not monitor, nor does it have any control over, any Third Party Content. We do not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. We make no representations or warranties of any kind regarding such

4 of 6

1/30/2014 9:20 PM

Legal

http ://www.egotastic .com/legal/

Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the Site, you should be aware that the TOS no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that particular site. Users use these links and Third Party Content contained
therein at their own risk.

CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT

If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent. Please see NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS
OF COPYRIGHT INFRINGEMENT.

NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT
INFRINGEMENT.

Pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent for notifications, Copyright Agent, Buzz Media, 6464 W. Sunset Blvd., #650, Hollywood, California 90028; 213-252-8999; contact@buzzmedia.com:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works
at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Should you fail to comply with all of the aforementioned requirements in your notice, your notice
may not be valid. • It is our policy to terminate the accounts and/or membership of Users who are repeat infringers or who are repeatedly charged with infringement, in appropriate circumstances.
TERMINATION

In the event that you are a registered user of the Site, you may terminate such registration by notifying
the Site by sending e-mail to support@buzz-media.com. After receipt of your termination notice, we will terminate your account. We may terminate your access to the Services or your registration at any time in the event of a breach of these TOS by User or anyone accessing the Services using registered User's username. We, at our sole discretion, may also terminate these TOS at any time without cause, and may suspend access to the Service with or without notice, to any User.
INDEMNIFICATION

User agrees to indemnify and hold us, our parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Site, the violation of these TOS by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.
DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS

IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.

b. WE MAKE NO WARRANTY THAT(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)THE SERVICE WILLBE UNINTERRUPTED, TIMELY, SECURE, MALWARE-FREE OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE

OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR

EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED, ACCESSED, VIEWED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS

OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

5 Of 6

1/30/2014 9:20 PM

Legal

http://www.egotastic.com/legal/

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THE SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

We reserve the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM

ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES

RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZEDACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the
Service.

GENERAL INFORMATION

The TOS constitute the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use our affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or
contractual effect.

VIOLATIONS AND COMMENTS

Please report any violations of the TOS or make any comments to contact@buzz-media.com.

About

Archive

Advertise

Legal

AdCH<Mce*[i>

Egotastic is a member of Spin Entertainment, a division of SpinMedia

6 of 6

1/30/2014 9:20 PM

Sign up to vote on this title
UsefulNot useful